IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

UNITED STATES OF AMERICA, Plaintiff, v. Docket No: 3:10CR-73 Varlan/Guyton

DARREN WESLEY HUFF, Defendant.

MOTION IN LIMINE #6 Comes the accused, Darren Wesley Huff, by and through his undersigned counsel, who respectfully moves this Honorable Court to enter an Order, in limine, wherein the United States is precluded from placing in evidence, argument, or questions wherein the subject matter of same insinuates to any of the following: (i) That Mr. Huff purportedly is a Christian Identity member;

(ii) That Mr. Huff is purportedly a member of any White Supremacist Group; (iii) That Mr. Huff purportedly has racist, or anti-Semitic beliefs. In support of the foregoing, Mr. Huff would show as follows: 1. He is indicted in a two count indictment which alleges he violated the provisions of 18 U.S.C. 231, and 18 U.S.C. 924(c). At issue in the trial of this cause will be whether or not this accused citizen harbored any unlawful intent when he traveled within the Eastern District of Tennessee on April 20, 2010.

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2.

Among the discovery materials provided are FBI 302 forms wherein at least one witness has expressed his opinion that Mr. Huff belonged to the aforementioned groups, and/or the opinion that Mr. Huff held anti-Semitic or racist views. Such opinion testimony is not grounded in fact, and is clearly incompetent evidence.

3.

Even assuming, arguendo, that admissible evidence

of Mr. Huffs

associations/beliefs exists (which Mr. Huff does not concede), this evidence is probative of no issue which will be litigated in this matter. Most significantly, any such evidence is highly inflammatory, will affect the passion(s) and/or prejudices of a reasonable juror, and would be extremely and unfairly prejudicial to this accused citizen. 4. Pursuant to F.R.E., Rules 401, 401, and 403 the aforementioned evidence should not be admitted in this matter in any shape, form, nor fashion. WHEREFORE, based upon the foregoing, Darren Wesley Huff respectfully moves this Honorable Court to enter an Order, in limine, which grants the relief sought in the premises of this motion. Submitted this 3rd day of October, 2011. s/G. Scott Green G. SCOTT GREEN, BPR #012872 800 S. Gay Street, Suite 1650 Knoxville, TN 37929 (865) 637-0134

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CERTIFICATE OF SERVICE The undersigned hereby certifies on this date a copy of the foregoing document was filed electronically. Notice of this filing will be sent by operation of the Courts electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Courts electronic filing system. This the 3rd day of October, 2011. s/G. Scott Green G. SCOTT GREEN

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